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SIGN THE PETITION HERE:
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PASSAGE OF THE DAY: "Lucio's pending execution has drawn international attention, and her clemency petition included letters of support from religious leaders, wrongly convicted Texans and advocates for survivors of domestic and sexual violence. "Allowing Melissa’s execution to proceed despite the overwhelming doubts that shroud her conviction would be an appalling travesty of justice that serves no purpose whatsoever," said a letter signed by more than 130 faith leaders in Texas who called the planned execution unjust and unjustified. A letter from almost 50 state and national domestic violence organizations and more than 160 advocates said Lucio was mistreated by a legal system that failed to recognize her as a victim, compounding the injustice. "The police officers who led the interrogation were male and some were armed. One stood over her. One yelled at her. Another detective, who was clearly armed, leaned within inches of her face," their letter said. "The tactics used by the police who interrogated Melissa were not designed to let her tell her story. They were designed with one end in mind: to get Melissa to admit that she killed her daughter." Eighteen wrongly convicted Texans urged the parole board and Abbott to show mercy. "The National Registry of Exonerations confirms that survivors of violence, like Melissa, are especially susceptible to falsely confess in the face of aggressive interrogation tactics," their letter said."
STORY: Seeking clemency, lawyers argue Texas is about to execute an innocent woman," by Reporter Chuck Lindell, published by The Austin American-Statesman, on March 22, 2022.
GIST: "Arguing that Texas is about to execute an innocent woman, lawyers for death row inmate Melissa Lucio urged Gov. Greg Abbott and the state parole board to step in to prevent "a historic miscarriage of justice."
In a clemency petition filed Tuesday, defense lawyers said new evidence shows that Lucio's 2-year-old daughter Mariah was not murdered but instead died two days after an accidental fall down a steep set of stairs, leaving the child with internal injuries that were not immediately apparent.
The petition argued that Lucio, whose psychological defenses were weakened by the trauma of domestic violence and childhood sexual abuse, falsely confessed to injuring her daughter after a five-hour interrogation that began only hours after Mariah died and ended around 3 a.m. at the Harlingen Police Department.
"Based on a rush to judgement and a biased and inadequate death investigation, the state extracted an unreliable confession and used false scientific evidence to convict Melissa Lucio of a crime she did not commit and in fact never occurred," said defense lawyer Vanessa Potkin with the Innocence Project.
After 13½ years on death row, the Rio Grande Valley mother of 14 is set for execution on April 27.
According to the clemency petition, seven nationally recognized scientists, forensic specialists and interrogation experts reviewed the evidence in Mariah's death and concluded:
• The child's injuries were consistent with a fall down the stairs, refuting prosecution experts who testified that Mariah's bruises could only have resulted from physical abuse that occurred shortly before her death.
• The confession was an unreliable regurgitation of details unwittingly fed to her by police during a prolonged interrogation in which Lucio, who was pregnant with twins, had protested her innocence more than 100 times.
The petition also included statements from four jurors who sentenced Lucio to death in 2008 but now support clemency, saying the new information raised important questions about her guilt.
"I think if I heard this evidence I may have decided differently," juror Alejandro Saldivar said in a handwritten declaration.
The clemency petition asks that Lucio's death sentence be commuted to a lower penalty or that, at the very least, her execution be delayed up to 120 days so the newly presented evidence can be fully reviewed. Under state law, the governor can commute a sentence or grant a reprieve that is recommended by the Texas Board of Pardons and Paroles. Abbott also can issue a 30-day reprieve on his own.
The ultimate goal is a new trial allowing Lucio, 53, to present the additional evidence to a jury and ultimately prove her innocence, lawyers said.
Lucio's pending execution has drawn international attention, and her clemency petition included letters of support from religious leaders, wrongly convicted Texans and advocates for survivors of domestic and sexual violence.
"Allowing Melissa’s execution to proceed despite the overwhelming doubts that shroud her conviction would be an appalling travesty of justice that serves no purpose whatsoever," said a letter signed by more than 130 faith leaders in Texas who called the planned execution unjust and unjustified.
A letter from almost 50 state and national domestic violence organizations and more than 160 advocates said Lucio was mistreated by a legal system that failed to recognize her as a victim, compounding the injustice.
"The police officers who led the interrogation were male and some were armed. One stood over her. One yelled at her. Another detective, who was clearly armed, leaned within inches of her face," their letter said. "The tactics used by the police who interrogated Melissa were not designed to let her tell her story. They were designed with one end in mind: to get Melissa to admit that she killed her daughter."
Eighteen wrongly convicted Texans urged the parole board and Abbott to show mercy.
"The National Registry of Exonerations confirms that survivors of violence, like Melissa, are especially susceptible to falsely confess in the face of aggressive interrogation tactics," their letter said.
Lucio's children also begged Abbott and the parole board to spare their mother's life. "Please give us a chance for peace. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief," they said in a letter.
The parole board often waits until two days before an execution before members send their clemency recommendation to the governor, defense lawyer Tivon Schardl said, adding that he hoped submitting the petition with five weeks to spare will prompt faster action.
"In a case with this much new evidence of innocence, it's imperative that they act more quickly," Schardl said in a Zoom call with reporters Tuesday.""
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
